Trial on drug and firearms charges. Jordan application. 63 month delay. Issue being the amount of the delay that was attributable to the defence. One period of delay (171 days) was caused by a change of counsel by the accused which resulted in an adjournment. A second series of delays were caused during the trial (resulting in adjournments), when the defence changed previously stated positions regarding whether or not the accused admitted making certain statements to police, and whether a s. 10(b) breach was alleged.
Held: No 11(b) breach.
The above delays were attributable to the defence, and were subtracted from the overall period of delay, leaving the total delay below the 30 month ceiling established in Jordan. Further, the defence ought to have brought the matter forward to raise the Jordan issue, rather than waiting until the trial continuation date to seek the 24(1) remedy.
R. Hladun – Defence Counsel